DISCUȚII ÎN LEGĂTURĂ CU DREPTUL SUBIECTIV DE A CONTRACTA ȘI BUNA-CREDINȚĂ ÎN MATERIE CONTRACTUALĂ

The idea of this study has been suggested to us by the phrase the subjective right to contract, used in the name and the content of an article relatively recently published in „Dreptul” magazine. Wishing to find out how it was motivated from a logical-legal viewpoint and what such a subjective right involves, we read the article but, to our surprise, we have noticed the lack of any action in this respect. The aspects that have drawn our attention have become reasons why we have decided to try to substantiate some logical-legal solutions regarding some legal notions or phrases, in relation to which the author of the article refrained from arguing her own options, such as the subjective right, the subjective right to contract and the good faith in relation to bad faith.